Three years after passing away from accidental asphyxia involving suffocation, the family of ex-Major League Baseball pitcher Mark S. Fidrych is suing Morse Mack Sales, Ballard Mack Sales, and Mack Trucks for Northborough, Ma wrongful death and products liability. Fidrych died when his clothes tangled up in his 1987 Mack dump truck’s power takeoff shaft on April 13, 2009. The former Detroit Tigers pitcher was 54.
The plaintiffs are contending that the truck was negligently designed, made, and marketed. They also believe that it was already defective/dangerous when sold to consumers. They are seeking monetary damages for pain and suffering, failure to instruct and warn, negligent sale, breach of implied warranty and merchantability, and negligent service and repair. In addition to wrongful death recovery, they also want punitive damages.
Meantime, two of the defendants, Ballard Mack Sales & Service and Mack Trucks, are asserting that the Massachusetts wrongful death lawsuit is barred because of the statute of limitations. They claim that Fidrych’s negligence was more significant than any that they may have committed. Morse Mack Sales, which is also denying any wrongdoing, blames Fidrych for modifying the vehicle after purchasing it and contends that it was this change that played a role in/caused his accidental Northborough dump truck death.
Massachusetts’ Modified Comparative Negligence System and Doctrine of Joint and Several Liability
Massachusetts’ system of modified comparative negligence goes by the 51% rule, meaning that the injured party my recover, even if he/she is found to be partially at fault in causing the injury, as long as that percentage of fault doesn’t exceed 51%. (The plaintiff’s recovery, however, is reduced by the percentage of fault found to be his/hers.) This is just one of the many reasons why you should retain the services of an experienced Boston injury lawyer to help you obtain the recovery that you are owed.
Because the courts in this state go by the joint and several liability doctrine, the injured party can recover the entire award amount from any of the defendants, even if one defendant’s fault is not as great as that of the other defendant(s). Again, your Northborough personal injury lawyer can help you with all of this.
‘Bird’ family files lawsuit, Telegram.com, July 24, 2012
Ex-big leaguer Mark ‘The Bird’ Fidrych dead at 54, USA Today, April 14, 2009
More Blog Posts:
Massachusetts Auto Defect, and Not Drunken Driving, May Have Been Cause of Deadly Pittsfield Crash, Boston Injury Lawyer Blog, April 14, 2012
$7.5M Massachusetts Wrongful Death Settlement in 2010 Norfolk Propane Blast Lawsuit Filed by Electrician’s Family, Boston Injury Lawyer Blog, July 9, 2012
Harvard University Sued for Cambridge, Massachusetts Wrongful Death Over 2009 Drug Deal that Became Dorm Shooting, Boston Injury Blog, May 24, 2012